1. Additional Terms
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
2. Eligibility Requirements
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
3. Ownership and your Rights to use the Service and Content
a. Ownership. The Service and all of its content, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Services (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by MMN, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of MMN, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. MMN/HPNM owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
b. Your Rights to Use the Service and Content. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “HPNM Licensed Elements”):
i. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
ii. Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
iii. Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
iv. If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
v. Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, DW does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be HPNM and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of (MMN) (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
vi. Obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
vii. Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any HPNM names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with HPNM or cause any other confusion, and (c) the links and the content on your website do not portray HPNM or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to HPNM reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
viii. Use any other functionality expressly provided by HPNM on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User Content (as defined below)) and any applicable Additional Terms.
c. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY HATTIESBURG PATRIOT NEWS MEDIA AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.
4. Service and Content Use Restrictions.
a. Service Use Restrictions. You agree that you will not: (i) use the Service for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to HPNM; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (iv) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, HPNM, or other users of the Service; (v) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); or (viii) otherwise violate these Terms or any applicable Additional Terms.
b. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the HPNM Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of HPNM or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
c. Availability of Service and Content. HPNM, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in HPNM’s sole discretion, and without advance notice or liability.
5. User Content
a. User Content. HPNM may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding DW Licensed Elements included therein, “User Content” or “UGC”). You may submit User Content through your profile, forums, blogs, message boards/comment sections, social networking environments, content creation and posting tools, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content. By submitting any User Content, you grant HPNM and its affiliated companies and licensees, and each of their officers, employees, agents, representatives and assigns, the irrevocable and unrestricted right, permission and license to (i) use, re-use, publish, republish, reproduce, edit, store, distribute, display, transmit, sell, resell, license, sublicense, and create derivative works based upon the User Content, and (ii) use, re-use, publish, republish, reproduce, edit, store, distribute, display, transmit, sell, resell, license and sublicense your name, voice, image and/or likeness contained in the User Content, the User Content, any text material in connection therewith, and any derivative works based on the User Content, for any purpose, including without limitation production, advertising, and publicity, which may be exploited in any and all media now or hereafter devised, to be determined at DW’s discretion, throughout the world, in perpetuity.
c. Unsolicited Ideas and Materials. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, DW retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. HPNM’s receipt of your Unsolicited Ideas and Materials is not an admission by HPNM of their novelty, priority, or originality, and it does not impair HPNM’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.
f. Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant HPNM the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any HPNM obligation to obtain consent of any third-party and without creating any obligation or liability of HPNM; (b) the UGC is accurate; (c) the UGC does not and, as to DW’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
g. Enforcement. HPNM has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at HPNM’s cost and expense, to which you hereby consent and irrevocably appoint DW as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
h. Community Guidelines. We may from time-to-time issue Community Guidelines (“Rules”) to govern the use of the Service’s online communities (“Communities”). At minimum, your participation in the Communities is subject to all of these Terms, including any applicable Rules. If you submit UGC that we reasonably believe violates these Terms of the Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
6. Digital Millennium Copyright Act
a. General. In the event that a third party provides HPNM with a notification of any alleged intellectual property infringement, HPNM may, in HPNM’s sole and absolute discretion, immediately remove such content, ban users from publishing on the site and cancel the user’s registration, the only liability for any of which will be HPNM’s refund of any remaining, pro-rated balance of any subscription fee paid by a banned user. In addition, in the event of an alleged copyright infringement, HPNM shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.
b. Procedure for Submitting Notification of Alleged Copyright Infringement. It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires HPNM to have a designated agent to receive notices of alleged copyright infringement. For any content that you believe infringes your copyright, please send a written notice of alleged copyright infringement to HPNM’s designated agent at the following email address: [email protected]. Your written notification of alleged copyright infringement should include all of the following information:
i. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works and accompanying URL(s) where such work can be found on the Service;
ii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HPNM to locate the material on its server;
iii. Information reasonably sufficient to permit DW to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
iv. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;
v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
vi. Your physical or electronic signature.
c. Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement). If you believe that any content posted using this Service infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification here. Include in the communication the following information:
i. Identification of the allegedly infringing material with particularity to permit HPNM to locate the material on HPNM’s server;
ii. Information reasonably sufficient to permit HPNM to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
iii. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law; and
iv. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Service Features
a. Accounts. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at [email protected] of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
b. Wireless Features. The Service may offer certain features and services via your wireless Device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify HPNM of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or App settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
c. Availability of Products and Services; International Issues. HPNM controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
d. Text Messaging. If you provide your mobile phone number to us, we may ask for your consent to receive text message alerts from us containing product, event, or promotional information in a text or SMS message (“Text Messages”). Your consent to receive Text Messages is not required to purchase goods or services from us. The Text Message program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the program, such as through online enrollment forms or by texting a keyword or any successor short code to opt into the program. Regardless of the opt-in method you utilized to join the program, you agree that these Terms apply to your participation in the program. By opting-in, you consent to receiving recurring mobile messages from multiple long codes or any successor short code used by Hattiesburg Patriot. By participating in the program, you agree to receive autodialed marketing mobile messages. Without limiting the scope of the Text Messages program, users that opt into the program can expect to receive messages concerning Hattiesburg Patriot and our goods and services.
Cost and Frequency: Message and data rates may apply. The Program involves mobile messages, and additional mobile messages may be sent based on your interaction with Daily Wire. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Additional terms regarding Text Messages will apply—please review the applicable terms carefully when you provide your mobile phone number. If you consented to receiving promotions or advertising via Text Message, you can unsubscribe from receiving Text Messages at any time by replying “STOP” to one of our Text Messages or email [email protected].
a. General Information. Many features of Hattiesburg Patriot are available without a paid subscription; however, some features and content may require the purchase of a paid subscription to the Service (“Subscriptions”) on our website. Subscriptions are billed either monthly or annually depending on the level or type of Subscription. More Additional Terms regarding the various levels or types of Subscriptions we offer and the applicable terms of each level is available in Schedule “A” below. Any violation of these Terms or the Subscription Terms may result in cancellation of your Subscription. You must be 18 years of age or older to purchase a Subscription. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise in writing.
b. Payments. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Subscription fees will be billed at the beginning of your subscription and any renewal. As part of registering or submitting information to purchase a Subscription Paid Services, you authorize HPNM (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries HPNM or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.
c. Price Increases. Hattiesburg Patriot may increase the price of Subscriptions at any time, however, we will give you at least thirty (30) days advance notice of any price increase. This advance notice will give you an opportunity to cancel your Subscription before the price increase goes into effect in the following billing cycle. If you do not cancel your Subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.
d. Free Trial Period. Your Subscription may begin with a free trial. If this is the case, we will begin charging you for your Subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of calculating any renewals of your Subscription. To avoid being charged, you must cancel your Subscription before the end of the free trial period.
e. Promotional Codes. If you use a promotional code to obtain a Subscription, such code only applies to the period identified in the Additional Terms provided with the promotional code. Promotional codes may not bed applied to renewal periods of existing Subscriptions. Please carefully review the Additional Terms provided with the promotional code before use. Promotional codes do not apply to gift membership purchases or membership upgrades, unless otherwise provided.
f. Renewal Terms. YOUR SUBSCRIPTION WILL BE RENEWED AUTOMATICALLY, AND YOU WILL BE CHARGED IN ADVANCE OF EACH BILLING CYCLE UNLESS YOU CANCEL. DW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, NOT TO RENEW YOUR SUBSCRIPTION. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
g. Cancellation Process. You may cancel your Subscription by either: (i) accessing your account online at www.Hattiesburg Patriot.com and navigating to “Account”, or (ii) by sending an email to [email protected] specifying the email address used for the account and clearly indicating that you want to cancel your Subscription.
h. Refund Policy. We reserve the right to issue or not issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
10. Disclaimer and Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, HPNM and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “HPNM Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, HPNM Licensed Elements, UGC or other HPNM products or services
THE HPNM PARTIES FURTHER HEREBY FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. DW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DOHPNMES NOT WARRANT THAT ANY PART OF THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SERVICE AND ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HPNM OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF DW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE Service, Content, DW Licensed Elements, User Content, or our other products and services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.
12. Dispute Resolution
Any controversy, claim, or dispute arising out of or related to these Terms, the Service, the Content, your User Content, any applicable Additional Terms, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Nashville, Tennessee before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. This Section 12 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and HPNM agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
13. General Provisions
a. Governing Law. The Terms and any applicable Additional Terms, Disputes, and any other claim brought by you against HPNM or by HPNM against you pursuant to Section 12, or otherwise related to the Service, Content, HPNM Licensed Elements, UGC or other HPNM products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Tennessee, without regard to conflicts of laws principles.
c. Severability. In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
14. Customer Support and Contact Information
15. Update History
- There are no updates at this time.